Spain: Industrial relations

Updating author: Jesús Gimeno, Simmons & Simmons
Original author: Jones Day

See the legal services provided by the updating author of International > Spain, including any discounts/offers for subscribers.

Summary

• Employees are free to form trade unions and join unions of their choice, and may not be expelled from a union on discriminatory grounds. (See Trade unions)
• There are several other types of collective agreement, such as procedural "framework" sectoral agreements and cross-industry or intersectoral agreements. (See Collective agreements)
• Employees are represented collectively at company/workplace level through statutory workers' delegates or workers' committees. (See Informing and consulting employees - general)
• The information and consultation obligations of employers with regard to redundancies depend on whether the redundancy is individual or collective. (See Informing and consulting prior to redundancies)
• There are various rules regarding employers' obligations to inform and consult prior to business transfers. (See Informing and consulting prior to transfers)
• "Community-scale" undertakings must, in certain circumstances, establish a body to negotiate with management over the establishment of a European Works Council or an information and consultation procedure. (See European Works Councils)
• Workers have a fundamental right to strike in defence of their interests. It is an individual right, but must be exercised collectively. (See Industrial action and picketing)
• Employers and workers' representatives have a joint responsibility to ensure compliance with anti-discrimination laws and to adopt positive measures to prevent discrimination (see Informing and consulting employees - general and Collective agreements)